KESHAV KORGAONKAR
(BA., LL.B(GEN), DIR&PM, DLL&LW, MPM, DIP CYBER LAW)
This act is a social piece of legislation of the State Government enacted to prevent sweat laborers
of Un-organized sector.
Also to regulate the condition of work and employment and therefore to secure maximum
benefits to the employees working in different categories of establishment viz. Shops,
Commercial Establishments, residential hotels, restaurants, eating houses, theatres and other
places of public amusement or entertainments are mainly protected by the provisions of this act.
An Act to consolidate and amend the law relating to the regulation of conditions of work and
employment in shops, commercial establishments, residential hotels, restaurants, eating houses,
theatres, other places of public amusement or entertainment and other establishments. Whereas it
is expedient to consolidate and amend the law relating to the regulation of conditions of work
and employment in shops, commercial establishments, residential hotels, restaurants, eating
houses, theatres, other places of public amusement or entertainment and other establishments and
for certain other purposes hereinafter specified.
IMPORTANT DEFINATIONS :
Commercial Establishment
Establishment
Shop
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COMPLIANCE :
During the course of enforcement the inspectors have to visit various establishments and to detect
breaches of the provisions of the Act and rules framed there under and to launch prosecutions on
defaulters accordingly.
The major breaches of the provisions of the Act consist of non-registration, non-renewal, opening of
establishment before prescribed hours, closing of establishments later than prescribed hours, exceeding
total hours, continuous work without rest interval, spread over, not granting privilege leave, keeping
establishment open on weekly closed day, calling employees for work on their weekly offs, employing
female employees after prescribed hours, employing child labour, not providing Identity Cards to certain
class of employees, not paying wages as per rates prescribed under Minimum Wages Act. etc.
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The major of breaches of the provisions of rule are of the nature of procedural lapses. Viz. Not
maintaining prescribed register of employment, leave register, visit book, lime washing register, not
providing leave book to the employees or not making suitable entries therein, not producing requisite
record register, notices for inspection on demand, etc. not displaying name board in Marathi /
Closing hours:For shops:- Not later than 8.30p.m.those dealing with pan bidi ,cigarette etc 11.00 p.m.
For commercial establishment:- Not later than 9.30 p.m.
For residential hotels, restaurants and eating houses not later than midnight , work not to be
carried after 00.30a.m. Customers served at the time of closing to be served within 15 minutes.
For theatres and public entertainment -00.30 hours.
For young persons and women 7.00 p.m and 9.30 p.m.
Hours of work
Nine hours a day and 48 hours a week.
Spread over 11 / 12 hours
goods before the opening and after the closing hours fixed under sections 10 and 11 for the
shops dealing in the same class of goods in the locality in which such street or public place is
situated., except sale of news papers- Fine Rs1000-5000.
Contravention of section 18(-2): It shall not be lawful for an employer to call an employee
at, or for an employee to go to, his shop or commercial establishment or any other place for
any work in connection with the business of his shop or commercial establishment on a day
on which such shop or commercial establishment remains closed. Fine Rs.500-5000.
Contravention of section 24,31, 65 by employer- other provisions regarding weekly holiday
regarding Fine Rs.500-5000.
False entries by employer/ manager in registers etc- Fine Rs.1000-5000.
Wilful obstruction to Inspector- Fine Rs.1000-5000.
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